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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation by the Railroad Commission of Texas of |
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brine mining. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 27.036, Water Code, as added by Chapter |
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921 (H.B. 1867), Acts of the 69th Legislature, Regular Session, |
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1985, is amended to read as follows: |
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Sec. 27.036. JURISDICTION OVER BRINE MINING. (a) In this |
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section: |
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(1) "Brine mining" means the production of brine, |
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including naturally occurring brine and brine extracted by the |
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solution of a subsurface salt formation, for the purpose of |
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extracting from a subsurface formation elements, salts, or other |
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useful substances, not including: |
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(A) oil, gas, or any product of oil or gas as |
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defined by Section 85.001, Natural Resources Code; or |
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(B) fluid oil and gas waste, as defined by |
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Section 122.001, Natural Resources Code. |
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(2) "Class V brine injection well" means a well that |
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injects spent, naturally occurring brine produced by a brine mining |
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operation into the same formation from which it was withdrawn after |
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extraction of elements, salts, or other useful substances, |
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including halogens or halogen salts. |
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(b) The railroad commission has jurisdiction over brine |
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mining and may issue permits for brine production wells and |
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injection wells used for brine mining. |
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(c) [(b)] A person may not begin to drill an injection well |
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to be used for brine mining unless that person has a valid permit |
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for the well issued by the railroad commission under this chapter. |
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(d) [(c)] The railroad commission shall adopt rules that |
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are necessary to administer and regulate brine mining. |
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(e) [(d)] For purposes of regulation by the railroad |
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commission, an injection well for brine mining of brine extracted |
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by the solution of a subsurface salt formation is designated as a |
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Class III well under the underground injection control program |
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administered by the railroad commission. |
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(f) For purposes of regulation by the railroad commission, a |
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Class V brine injection well is designated as a Class V well under |
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the underground injection control program administered by the |
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railroad commission. |
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(g) If rules or regulations adopted to govern Class V brine |
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injection wells under the federal Safe Drinking Water Act (42 |
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U.S.C. Section 300f et seq.) or another federal statute allow this |
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state to seek primary enforcement authority under the underground |
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injection control program, the railroad commission shall seek |
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primacy to administer and enforce the program for Class V brine |
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injection wells in this state. |
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(h) On delegation to the railroad commission of primary |
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enforcement authority in this state over Class V brine injection |
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wells, a person may not begin to drill a Class V brine injection |
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well unless that person has a valid permit for the well issued by |
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the railroad commission under this chapter. |
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[(e) This section takes effect September 1, 1985. |
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[(f) This section does not invalidate any permit for an |
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injection well used for brine mining that was issued by the Texas |
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Water Commission before the effective date of this section. Within |
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90 days after the effective date of this section, the Railroad |
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Commission of Texas shall issue a substitute permit under the name |
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and authority of the railroad commission to each person who on the |
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effective date of this section holds a valid permit issued by the |
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Texas Water Commission for an injection well used for brine mining. |
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[(g) Application for injection well permits covering brine |
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mining submitted to the Texas Water Commission before the effective |
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date of this section for which permits have not been issued by the |
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commission shall be transmitted to the railroad commission.] |
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SECTION 2. Section 27.036, Water Code, as added by Chapter |
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795 (S.B. 249), Acts of the 69th Legislature, Regular Session, |
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1985, is repealed. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |